California River Watch v. Fluor Corp.
Opinion
Lead Opinion
Orrick, J.
ORDER REGARDING MOTION FOR CLARIFICATION
Re: Dkt. No. 261
INTRODUCTION
On August 7, 2015,1 granted Fluor Corporation’s motion for partial summary judgment that The Shiloh. Group, LLC (“TSG”) is a liable person under the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”) section 107(b) and that several of TSG’s affirmative defenses were meritless. Dkt. No. 260. TSG then asked that I clarify whether its statute of limitations defense, which Fluor did not originally address in its motion but which I discussed in my Order after TSG raised it in opposition to the motion, was also barred. To insure a complete record, I allowed both sides to brief the issue. Further oral argument is unnecessary and.I VACATE the hearing set for October 14, 2015. I have reviewed the respective briefing and GRANT Fluor’s motion that TSG’s affirmative defense regarding the statute of limitations is meritless.
BACKGROUND
The material facts' in the case are not in dispute. TSG is the owner of the industrial and commercial property at 930 Shiloh Road in Windsor,' California that has a *1028 history , of environmental contamination. Dkt. 232 at 1. Fluor owned and conducted…